Appendix D - Statement of Qualifications - Conflicts - Technical Questionnaire.docx

APPENDIX D

STATEMENT OF QUALIFICATIONS/CONFLICTS/TECHNICAL QUESTIONNAIRE

Name of Law Firm (Offeror):

Address of Law Firm:

Telephone Number of Law Firm:

Name of Individual Completing this Form:

Telephone Number of Individual Completing this Form:

**Law Firms are to use this Technical Questionnaire in conjunction with the Statement of Work contained in Part IV of this RFP.**

The Law Firm’s Statement of Qualification must demonstrate the entity’s ability to meet all of the minimum qualifications. The Law Firm may attach as many pages as are necessary to provide the requested information as set forth below.

1. List each member of the Law Firm who will be providing services to the Commonwealth as part of the Engagement and provide resumes outlining each member’s background and number of years of experience with the legal services described in Part IV of the RFP as well as any additional relevant experience.

2. Confirm Law Firm has a managerial level attorney on staff in Pennsylvania.

3. Confirm that all participating members of the Law Firm will adhere to the Department’s tax confidentiality and security requirements.

4. Provide and propose specific candidates for the following position: managing attorney. This position is defined as “key personnel” and should match up with the personnel listed in Appendix E – Personnel Experience by Key Position.

5. Propose the specific legal firms and other subcontractors, which will require Department approval, if a case will be referred from the vendor for particular further enforcement.

6. Confirm Law Firm will seek Departmental approval for any key personnel changes.

7. Describe and disclose any debtor and consumer complaints over the last three (3) years.

8. Provide and describe and audited financials over the last three (3) years.

9. Confirm Law Firm will maintain Pennsylvania tax compliance.

10. Confirm that Law Firm has the following experience:

· Prior collections experience as demonstrated by three references including at least one governmental collections engagement

· Prior legal enforcement experience as demonstrated by three references including at least one governmental legal enforcement engagement

· Performed legal enforcement in multiple states for clients

11. Confirm that key personnel assigned to engagement has the following experience:

· Managing Attorney

· 10 years of collections experience

· 5 years of governmental legal enforcement experience

**A detailed resume must be provided by the firm for the position listed above.

12. Provide a comprehensive narrative demonstrating the Law Firm’s understanding and knowledge of the Engagement as well as a detailed analysis of the vendor’s plan of action consistent with the problem statement and the Statement of Work.

13. Provide detailed descriptions of:

a) Any litigation or administrative proceeding in which the Law Firm was a party in any matter related to the professional activities of the Law Firm during the five (5) years prior to the date of this RFP;

b) Any pending litigation, investigation, or proceeding in which a court or administrative agency is addressing any question relating to the professional activities of the Law Firm; and

c) Any indictments, convictions or civil offenses during the past 10 years arising directly or indirectly from the conduct of business of the firm or any of its partners, associates, employees or agents.

14. Describe any use of artificial intelligence or automated technologies in the delivery of legal services, including, but not limited to, document review, legal research, drafting, or case management, and identify whether those technologies are developed in-house or provided by third-party vendors. The Law Firm must further describe the measures in place to ensure confidentiality, data security, and compliance with applicable professional responsibility obligations.

a) Identify each artificial intelligence tool to be used and what protections are in place to ensure data provided by the Commonwealth is not used to develop its own artificial intelligence tools, conduct queries, or training of any artificial intelligence tools and data provided by the Commonwealth and outputs generated from that data are owned by the Commonwealth.

b) Describe how the Law Firm will review and verify the accuracy of all use of artificial intelligence tools.

15. Provide written acknowledgment that the Law Firm will comply with OGC’s Conflict Waiver Policy, a copy of which is attached to the Standard Contract for Legal Services.

a) Describe any existing or potential conflict of interest arising from the Law Firm’s relationships with or representation of other parties. A conflict shall include, but is not to be limited to, the representation of any party in a matter adverse to the Commonwealth or to any Commonwealth agency for which OGC has not previously granted a conflict waiver. This includes potential conflicts for any proposed subcontractor. As set forth in Part IV-2 of this RFP, failure to disclose a conflict is grounds for rejection of a proposal, or removal or suspension from an engagement.

b) Provide sufficient facts, legal implications, and possible effects for any matter as described above so that OGC may evaluate the significance of each potential conflict.

c) Represent and warrant, in writing, that the Law Firm has no conflicting representations that have not been fully disclosed to and waived by the General Counsel.

d) Represent and warrant that the Law Firm shall not undertake any representation that conflicts with the performance of the services or obligations as described hereunder unless such conflicting representation has been fully disclosed to and waived by the General Counsel. Any and all conflicting representation shall be promptly disclosed to the General Counsel.

16. Confirm that the Law Firm will perform legal services in accordance with the terms and conditions of the Standard Contract for Legal Services, a copy of which is attached to the RFP as Part V.

17. Confirm that the Law Firm has and will maintain in full force and effect, during the term of the resulting Contract for Legal Services, professional liability insurance in the amount usual and customary for a business and/or firm of its size and practice area subject to normal deductibles and provide a copy of such Certificate of Insurance. Upon execution of any resulting Contract for Legal Services, the Law Firm shall provide evidence that the Commonwealth is named as an additional insured.

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